The usual scenario is somehow, a cop contacts you and during a search, finds evidence of drugs in an amount typical of drug use. One baggie of methamphetamine with a pipe or other paraphernalia is very typical. Oftentimes, the person will admit it is theirs to smoke. This type of charge can frequently be dismissed if the person enters a drug program and successfully completes it. At the end of probation, the charges are dismissed.
Possession of Drugs For Sale
The difference here is usually there is more than one baggie, and possibly the way it is packaged(several baggies/bindles). Often, it is accompanied by empty baggies, a digital scale, evidence of pay-owe sheets showing the person is selling drugs to others. Other evidence could be admission of intention of selling the drugs, a large amount of cash in several denominations, and text messages on cell phones indicating sales activity. This charge cannot be dismissed with completion of a program, and usually require jail time. It is very important to have a lawyer familiar with these charges to negotiate the charge down to possession to be eligible for a program with ultimate dismissal.
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